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NY B87280




July 16, 1997

CLA-2-20:RR:NC:2:228 B87280

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.99.9090; 2106.90.9998

Ms. Karen Bier
Rocky Mountain Ginseng, Inc.
999 West Broadway
Vancouver, B.C. Canada V5Z 1K5

RE: The tariff classification of ginseng products from Canada

Dear Ms. Bier:

In your letter dated July 2, 1997 you requested a tariff classification ruling.

Three samples, submitted with your letter, were examined and disposed of. "Ginseng Heavenly Slices" are thin shavings from the ginseng root, partially dehydrated, and flavored with honey. The ginseng slices are packed in a glass jar containing 15 grams, net weight. "Ginseng in Honey" consists of approximately 97 percent unpasteurized honey mixed with an infusion of 3 percent ground ginseng, packed in a hexagon-shaped glass jar containing 350 grams, net weight. "Ginseng Elixir" is a liquid composed of maple syrup, herbal extract, ginsenoside concentrate, ginseng concentrate, grape concentrate, and grape skin extract. The elixir is packed in a 100-milliliter glass jar, contains 9 percent alcohol, and is consumed one tablespoon at a time, directly or mixed with a hot beverage.

The applicable tariff provision for the ginseng slices will be 2008.99.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter...other... other...other. The general rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the ginseng in honey and the ginseng elixir will be 2106.90.9998, HTSUSA, which provides for food preparations not elsewhere specified or included...other... other...other. The general rate of duty will be 8.2 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample of Ginseng Heavenly Slices does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

The ginseng elixir, if determined to be suitable for beverage purposes, will be subject to Federal Excise Tax. Such a finding must be made by the Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact the BATF at:

Bureau of Alcohol, Tobacco and Firearms 650 Massachusetts Avenue N.W. Washington, D.C. 20226 Tel# 202-927-8500

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 212-466-5760.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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